High Court of KeralaWP(C)/31478/2014disposed of

P.P.Gopinathapillai v. Mukkom Milk Producers Co-Operative Society Ltd.No.F 1814(Apcos_

2015-02-02Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936 WP(C).No. 31478 of 2014 (H) -------------------------------------- PETITIONER:

-------------------------- P.P.GOPINATHAPILLAI, KAYAPLAKKAL HOUSE, MAISOOMALA P.O, MUKKOM KOZHIKODE 673602 BY ADVS.SRI.P.P.JACOB SRI.JOHNSON ALLESE RESPONDENTS:

----------------------------

1. THE MUKKOM MILK PRODUCERS CO-OPERATIVE SOCIETY LTD.NO.F 1814 (APCOS), MUKKOM P.O, MUKKOM KOZHIKODE 673 602, REPRESENTED BY ITS SECRETARY

2. THE DEPUTY DIRECTOR MILK DEVELOPMENT DEPARTMENT OFFICE OF THE MILK DEVELOPMENT DEPARTMENT CIVIL STATION, KOZHIKODE-673 620

3. T.K. PRAKASAN COMMITTEE MEMBER MUKKOM MILK PRODUCERS CO-OPERATIVE SOCIETY LTD.NO.F 1814 (APCOS), MUKKOM P.O, MUKKOM KOZHIKODE- 673 602.

R1 BY ADV. SRI.ARAVINDA KUMAR BABU T.K.

R2 BY GOVERNMENT PLEADER SRI. T.R. RAJESH R3 BY ADV. SRI.P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31478 of 2014 (H) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE BYELAW OF THE FIRST RESPONDENT PAGES 1 TO 3, 8 & 9 EXT.P2 - TRUE PHOTOCOPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 19-9-14 EXT.P3 - TRUE PHOTOCOPY OF THE ORDER ISSUED BY THIRD RESPONDENT DATED 25-9-2014 EXT.P4 - TRUE PHOTOCOPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 13-10-14 EXT.P5 - TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE SECOND RESPONDENT TO THE THIRD RESPONDENT DATED 10-10-2014 EXT.P6 TRUE PHOTOCOPY OF THE ORDER ISSUED BY SECOND RESPONDENT DATED 11-11-2014 RESPONDENT(S)' EXHIBITS:- --------------------------------------- EXT.R3(a) COPY OF THE MEASUREMENT OF MILK GIVEN BY THE SECRETARY OF THE 1ST RESPONDENT /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 31478 OF 2014 ---------------------------------------- Dated this the 02nd day of February, 2015

JUDGMENT

Ext. P6 order impugned in this writ petition is appealable. An appeal lies under Section 83(1)(j) of the Kerala Co-operative Societies Act, 1969. The matter pertains to the disqualification of the third respondent from continuing as a member of the Managing Committee. The dispute involves factual adjudication for which an appeal is the proper remedy. 2.

Any appeal filed against Ext.P6 order within one month from today shall be dealt with by the Government within two months therefrom. The third respondent shall be provisionally permitted to continue as a member of the Managing Committee till the appeal is disposed of. Ext. P6 order will enure to the benefit of the third respondent in case the petitioner omits to file the appeal within the time specified.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE